The 25-Percent Rule ... 2.0
Methods or Data?
The Federal Circuit’s Uniloc decision has buried for good the damages method known as the “25-percent rule.” But Uniloc reflects a fundamental ambiguity in recent damages jurisprudence: When should the trial court restrict inappropriate methods, and when should it restrict inappropriate data?
New plaintiff theories have emerged to exploit this ambiguity. Much like the 25-percent rule did during its long reign,...
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